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  • Travel during H1-Transfer

    Hello everybody

    I have a job from a new company A, who want to start my H1B transfer process. My situation is as follows

    1) Company A wants me to give notice to my present employer only after my application has been received by USCIS
    2) I need to travel to India from last week of December through mid January
    3) I then plan to come back and give two-weeks notice to my present employer

    My questions are...If I travel to India ..

    1) My transfer application is still pending while I am in India (Can I return on current H1B VISA and receipt for new H1B application)
    2) My transfer is approved while I am in India: Can I come back with current H1B and approved paperwork (Without the need to get stamping in India)
    3) My transfer gets approved before I travel to India (premium processing): Can I come back with current H1B and with the approved paper work (without the need to get it stamped in India)

    The reason I don't want to get it stamped in India is firstly in this trip I don't have much time and secondly, I may not get dates.

    One more question.

    In any case I still plan to give notice to my current employer only after my return from India. Would my current company know about the VISA transfer or transfer process while I am traveling?

  • #2
    I am in similar situation but I already moved the new job.

    I think in your case you are fine since your H1 with your current company will still be valid.

    Comment


    • #3
      1) Company A wants me to give notice to my present employer only after my application has been received by USCIS
      Fair enough but not necessary.

      1) My transfer application is still pending while I am in India (Can I return on current H1B VISA and receipt for new H1B application)
      2) My transfer is approved while I am in India: Can I come back with current H1B and approved paperwork (Without the need to get stamping in India)
      I am not sure.
      3) My transfer gets approved before I travel to India (premium processing): Can I come back with current H1B and with the approved paper work (without the need to get it stamped in India)
      This case is my situation
      I want to do this myself because my case has been approved already. I am waiting for approval notice which is in mail.
      To be on safe side I think I will go after I get approval notice. I think I will get stamped in India if I have approval notice in my hand. Even though it takes time it is safer and will avoid any hassles at port of entry.

      Comment

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